the proposed legislation contravenes the government's clear obligations under the UK Trade Marks Act of 1994 and the World Trade Organisation Trips Agreement (Agreement on Trade Related Aspects of Intellectual Property Rights) of the same year.

The Australian Government did not acquire any proprietary benefit from the imposition of the TPP Act on the plaintiffs. Accordingly the constitutional challenge to the TPP Act failed. ...Philip Morris Asia (incorporated in Hong Kong) allegedly only purcha

"By stripping our brands and trademarks from packaging, the policy precludes our tobacco producers from differentiating their premium products from competitors in the marketplace, which has been extremely detrimental to our industry," said Dr. Katrina Na

representatives from across the globe have written to the govern­ment, arguing that rules mandating plain packaging for cigarettes violates intellectual property rights. “There are ways to regulate effectively in the public interest. Mandating destructio

the Panel rejected all of Australia`s procedural objections to the Dominican Republic`s claims... They have noted that, nearly two years since Australia`s plain packaging measures took effect, the measures have failed to contribute to reducing smoking in

The issue of how international trade agreements and tobacco industry tactics are threatening existing tobacco control policies was also brought into focus at the 45th Union World Conference on Lung Health held in Barcelona. Lawyer Mattew Allen said th

the debate will be likely played out in just these political circles rather than legal ones, unless the World Trade Organisation (WTO) sides with those challenging Australia's tobacco packaging regime. Unfortunately, the WTO has now held over its ruling u

This week’s meeting of the World Trade Organization body governing intellectual property issues addressed a long agenda, reflecting continued divergence on regular items, such as... sustained discussions on plain packaging for tobacco products.

Members of the Smokefree Coalition are backing calls by health professionals to Trade Minister Hon Tim Groser, calling for a comprehensive health impact assessment...could give international business interests, such as Big Tobacco, the right to sue the N